Tuesday, November 02, 2010

Ohio trial access case

The Ohio 12th District Court of Appeals yesterday sided with the Cincinnati Enquirer in holding that Warren County, Ohio Common Pleas Court Judge Neal Bronson should first have held a hearing prior to not allowing a reporter observe jurors on a trip to a crime scene in a recent case that Paper reported this morning. ( Article )

The 12th. District followed precedent set almost 25 years ago by the Ohio Supreme Court holding that "[a]ppropriate deference is given to [the public's] rightof access when the petitioner is given an opportunity to be heard at a proceeding wherehe may voice his objections… [t]he presumption of openness may be overcome only by an overriding interest based on findings that closure is essential to preserve higher values and is narrowly tailored to serve that interest." [ See State ex rel. The Repository, Div. of Thompson Newspapers, Inc. v. Unger (1986), 28 Ohio St.3d 418, 421]

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